MercoPress. South Atlantic News Agency

Pinochet closer to a human rights trial

Former Chilean dictator Augusto Pinochet moved closer to his first trial on human rights abuses following Tuesday's 3-2 decision by the Chilean Supreme Court's five judge criminal panel ratifying the indictment of the 89-year-old retired general on ten counts of murder or “disappearance”.

The ten cases are related to Operation Condor, a combined undertaking by regional governments to eliminate opposition and dissidents when most of South America was ruled by US backed military regimes.

Mr. Pinochet's defense argued that the former leader is mentally unfit for trial because of his senility-like "dementia".

The Supreme Court in July 2002 quashed a separate indictment of Pinochet in connection with more than 70 killings and "disappearances" in 1973. On that occasion, the judges said the former dictator was too mentally impeded but the lucidity he demonstrated in subsequent public appearances - including an interview with a Miami television station - led Chile's judiciary to reconsider that position.

The court on Tuesday announced rejection of a "protection writ" filed by Pinochet's lawyers seeking to void his prosecution on the Condor Operation charges.

With the move, the court let stand Judge Juan Guzman's December 13 indictment of Pinochet, unanimously upheld by the Santiago Appeals Court seven days later.

Tuesday's ruling, which is not subject to appeal, was greeted by cheers and shouts of joy by relatives of victims of Pinochet's regime gathered outside the court's seat.

The secretary of the Association of Relatives of Disappeared Detainees, Viviana Diaz, expressed "great joy" over the ruling.

"We are happy, we received good news early in the year, and we hope Pinochet is held to account in court, as he should be," Diaz said.

Judge Guzman - and now two appeals courts - has decided that Pinochet has sufficient mental faculties to understand the proceedings against him and contribute to his defense.

The judge questioned the former dictator last year and also took into account an interview he granted a Miami TV station in which he appeared quick minded and reasonable.

Judge Guzman ordered Pinochet's house arrest when indicting him last month. The retired general is currently at his country estate, Los Boldos, 130 kilometers (80 miles) southwest of Santiago.

Pinochet's attorneys filed their motion on Dec. 22, the same day Pinochet was released from Santiago's military hospital after spending four days in intensive care as a result of what doctors described as a mild stroke.

News that Pinochet attended a grandson's wedding the day after leaving the hospital in December led plaintiffs' attorney Eduardo Contreras to say that the ex-strongman "is mocking the courts."